No Easy Answers

Seven pages of jury instructions, taken from Jeralyn Merritt's February 28 article,
Libby: Factors to Consider While We Wait. They show that the 127 pages of
instructions contain very little text on each page, being in rather large print.
As an aside, the page numbers are handwritten, not typed.

The last three pages are a fraction of the instructions relating to Count One,
Obstruction of Justice, and show the defense-preferred definition of "intent," including the
use of "corruptly" and "[to act] with an evil motive" as necessary findings to support
the rendering of a guilty verdict. The prosecution argued against using words like
"evil motive."

I've also learned that the jury instructions include a "Good Faith Defense" section,
as requested by the defense.

On the other hand, unless Ms. Merritt truncated the Memory Instruction actually delivered
to the jury, it appears the defense did not get the language it sought under the memory
instruction ...

(8.) A person's confidence in the accuracy of his recollection of an event has little,
if any, relation to the accuracy of the person's recollection. In other words, a person may
be very confident that his memory of an event is accurate when in fact it is inaccurate.

(9.) If a person remembers an event incorrectly the first time he tries to recall it,
his later recollections of the event are likely to repeat that error.

Without waiving our initial proposal, we requested that two
points be added to the Court's proposed memory instruction: (1)
that a person's confidence in the accuracy of his recollection of
an event has little, if any, relation to the accuracy of the
person's recollection--in other words, a person may be very
confident that his memory of an event is accurate when in fact it
is inaccurate; and (2) that if a person remembers an event
incorrectly the first time he tries to recall it, his later
recollections of the event are likely to repeat that error.

Memory Instruction
As you have heard, the defense contends
that Mr. Libby confused, forgot, or
misremembered all or parts of some of the
conversations that you have heard about
during the trial that form the basis for
the charges that have been filed against
Mr. Libby. You are also being asked to
evaluate the accuracy of the memory of
other witnesses who testified in this
trial. In considering Mr. Libby's position
and the testimony of any other witness
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whose memory is at issue, it is appropriate
for you to take into account the following:
(1.) Your assessment, based on your life
experiences, of the capacity of human
beings to remember things they said and
were told when asked to recall those
matters at a later point in time;
(2.) The amount of time between when a
person said or heard something and the
impact the passage of time had on the
person's memory to accurately recall those
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events;
(3.) The circumstances that existed when
the person was exposed to the events he or
she is asked to recall;
(4.) The nature of the information or
the event the person is called upon to
remember;
(5.) The circumstances that existed when
the person was asked to recall the earlier
event;
(6.) The circumstances that existed
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during the time between when the person was
exposed to an event he or she is asked to
recall and when that person was asked to
recall the earlier event;
(7.) Your assessment of the memory
capacity of the person whose memory is in
question; and
(8.) Any evidence that was presented
during this trial that shed light on any
issues related to memory of the individuals
you have to assess in this trial.
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-------------------
corruptly endeavored to influence,
obstruct, or impede the due administration
of justice.
According to count one of the
indictment, Mr. Libby carried out this
corrupt endeavor by making the following
three allegedly false statements to the
grand jury:
(1.) That when Mr. Libby spoke with Tim
Russert of NBC News, on or about July 10,
2003, Mr. Russert asked Mr. Libby if Mr.
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Libby knew that Joseph Wilson's wife worked
for the CIA and that Mr. Russert told Mr.
Libby that all the reporters knew it;
(2.) That when Mr. Libby spoke with
Tim Russert of NBC News, on or about July
10, 2003, Mr. Libby was surprised to hear
that Mr. Wilson's wife worked for the CIA;
and
(3.) That Mr. Libby advised Matthew
Cooper of Time magazine on or about July
12, 2003, that he had heard that other
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reporters were saying that Mr. Wilson's
wife worked for the CIA, and further
advised him that Mr. Libby did not know
whether this assertion was true.
To act "corruptly," as this word is used
in these instructions, means to act
voluntarily and deliberately and with an
evil motive or improper purpose or intent
to influence, or obstruct, or interfere
with the administration of justice.
The term "endeavors," as used in these
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